Is the divorce process in North Carolina as easy as it was for Peter Gunz and Amina Buddafly?

Love & Hip Hop NY stars Peter Gunz and Amina Buddafly have finally gotten divorced. They’re tumultuous love triangle and Peter’s secret relationships became great entertainment when the two were on the show. Apparently it all became too much for Amina (2 children later) and she posted her divorce decree on social media. The court documents she posted indicate that in New York your spouse can join in or submit a waiver for divorce. The rules are a little different in North Carolina and, in my opinion, much easier.

  

To get divorced in NC you must:

 

1.       Remain living separately for one year,

2.       File a lawsuit for divorce,

3.       Appear in court for your court date,

4.       And request that the judge enter an order for divorce.

Your spouse does not have to consent, sign anything, or submit a waiver. In fact, if your spouse attempts to “contest” the divorce there is little that can be done to stop it once the two of you have been separated for one year.

Keep in mind that there are additional lawsuits tied to divorce including splitting assets and spousal support. Contact an attorney before filing or finalizing your divorce to make sure that you are not barred from requesting any money owed to you as a spouse. 

For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27701

P: 919-321-6569

Nastasia@kisalawatkins.com

www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

·         Cary, NC

·         Chapel Hill, NC

·         Carrboro, NC

·         Hillsborough, NC

·         Mebane, NC

·         Efland, NC 

Durham County, NC

·         Durham

·         RTP

·         Bahama

·         Rougemont

*Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

**Photo Credit: “Kick Rocks Dirty Feet Pete! Amina Buddafly Finally Files for Divorce…But Is Peter Gunnin’ For Another Love & Hip Hop Honey?” by Bossip Staff, Jan 21, 2018.https://bossip.com/1615914/kick-rocks-dirty-feet-pete-amina-buddafly-finally-files-for-divorce-but-is-peter-gunnin-for-another-love-hip-hop-honey/

What was the CPS Process when taking Tyrese's daughter?

Tyrese has become a media sensation as a result of claims of abuse made by his ex-wife and child’s mother, Norma Gibson. She claimed that he, “burst into their bedroom after midnight, poured water on her and proceeded to punch her eight to nine times all over her body” when she was pregnant in 2007. She also claimed that he “pushed our daughter to the ground, pinned her face down, put his knees on her back, grabbed her hands with one arm and beat her with the other. 

BET’s Renee Samuel reports that "The Los Angeles County Department of Children and Family Services closed their investigation and will not be seeking any criminal charges against the actor."* If you're wondering how this is possible, the family services investigation procedure for North Carolina is listed below. 

In NC, Child Protective Services (CPS) follows this process:

1.      CPS receives a report of child abuse or neglect;

2.      CPS investigates the allegation and determines if the family is in need of services or court intervention;

3.      If the perpetrator is not a parent or caretaker, the case is immediately referred to law enforcement and no services are provided;

4.      Following the court proceedings the case may still be referred to law enforcement; **

It is very likely that the courts looked at Ms. Gibson’s story and determined that if these alleged incidents occurred 10 years ago and she only reported them recently, it is unlikely that her claims are true. Concerned parents and family members generally report such abuse immediately. While they may be hesitant in reporting abuse that they themselves have suffered, it is unlikely that a parent would keep quiet about the abuse of their child. It’s also difficult to prove such callous claims when all of the potential scars and bruising have long-since healed. For these reasons, it seems obvious why LA County was unwilling to proceed with any CPS or criminal charges against Tyrese.

…

For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27701

P: 919-321-6569

Nastasia@kisalawatkins.com

www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

·         Cary, NC

·         Chapel Hill, NC

·         Carrboro, NC

·         Hillsborough, NC

·         Mebane, NC

·         Efland, NC 

Durham County, NC

·         Durham

·         RTP

·         Bahama

·         Rougemont

·         https://www.bet.com/celebrities/news/2017/11/03/tyrese-court.html

Photo Credit: http://www.businessinsider.com/tyrese-gibson-says-will-and-jada-smith-gave-him-5-million-2017-11

* “Breaking: Court Rules in Tyrese’s Child Abuse Case,” by Renee Samuel, https://www.bet.com/celebrities/news/2017/11/03/tyrese-court.html, published on Nov. 4, 2017, accessed Nov. 7, 2017. 

** North Carolina Division of Social Services; Family Services Manual; Volume I: Children’s Services; Chapter VIII: Child Protective Services, page 19 “Structured Intake, CPS Intake Decision Tree,” July 2017, Change #06-2017, https://www2.ncdhhs.gov/info/olm/manuals/dss/csm-60/man/CS1407.pdf, accessed Nov. 7, 2017.

***Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Should Chris Rock pay child support to a child he hasn't adopted yet?

Chris Rock has recently divorced from his wife and mother of his two biological daughters Lola and Zahra. Rock listed these daughters as dependents in his divorce papers, however, his wife, Malaak Compton-Rock, is also asking that he financially support Ntombi-futhi Samantha. Ntombi, a South African native, has lived with the Rock family for seven years, however, the couple never adopted her. Rock claims that he owes no duty of financial support to Ntombi but Compton-Rock claims otherwise.*

Child Support

In North Carolina, the legal mother and father of minor children are financially responsible for their care until they reach the age of eighteen (or graduate high school under certain circumstances). Contrary to popular belief, the amount owed is based on what is needed to meet the reasonable needs of the child's health, education, and maintenance. (Many people wrongfully believe it is 1/4 of dad's income) 

Child Support is paid:

1. By the parent who does not have the child the majority of the time (the non-custodial parent)
2. Based on the income of both parents using a NC Child Support Worksheet

There is also a presumption that all children born to a marriage are the biological children of the couple. However, this presumption can be overcome with DNA testing and other factors. In Rock's case, it is not likely that he will be responsible for the financial support of the child through child support because Rock never adopted Ntombi. 

However, we all know that courts hate deadbeat dads and will find a way to punish those who run from their responsibilities. Rock's wife has a good argument for Breach of Contract if the couple agreed to adopt and care for Ntombi and Rock is now going back on his word. He's also held himself out as Ntombi's dad for seven years and may be estopped (prevented) from now claiming that she is no longer his responsibility. 

For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Chris Rock’s ex wife wants child support for South African girl: report," by Nicole Lyn Pesce, New York Daily News, accessed December 2, 2015. http://www.nydailynews.com/entertainment/movies/chris-rock-wife-mystery-south-african-girl-article-1.2452469

 **Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Do I need a prenuptial agreement like Dutchess and Caesar on Black Ink?

Dutchess and Caesar have been discussing a prenuptial agreement on VH1's show Black Ink. Many have questioned whether or not they, themselves, need the agreement and if it will sully the marriage before it even begins.

Before drafting a prenuptial agreement, consider how it will make your future spouse feel and if you have given them enough time to map out their options.  Also consider that while you may be the bread-winner now, that may not always be the case and you could be signing away your rights to money that you helped your spouse earn during the marriage. 

In North Carolina, these are the requirements for a valid prenuptial agreement:

1. The prenup is only effective on the date of marriage
2. It must be in writing and signed by both people
3. Both people must disclose all of their assets and debts
4. Both people must sign voluntarily 

How do I get out of this mess?

If you'd like to get out of your prenuptial agreement there is hope. You must either: 

1. Revoke or amend the agreement in writing and have the revocation signed by both people  
2. Show the court that you will require government assistance if the agreement is not rescinded (revoked)
3. Show that you were never married 
4. Prove to the court that you did not enter into the agreement voluntarily and you were coerced or under duress when you signed (signing on your wedding date may not be enough by the way)

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Kaley Cuoco cites irreconcilable in her divorce. Do I have to cite a reason for my divorce in North Carolina?

"Big Bang Theory" star Kaley Cuoco has filed for divorce from her tennis pro husband, Ryan Sweeting. She cited that the two separated due to "irreconcilable differences" as she likely filed in a jurisdiction that requires fault by at least one party before a divorce is finalized.* However, in North Carolina, neither party has to necessarily be at fault. The steps for filing divorce in NC are listed below:

1. In NC you must be separated for 1 year (unless your spouse is incompetent or insane). 
2. After this one year separation you can file for divorce using the forms provided at most clerk's offices or by submitting a complaint for absolute divorce. 
3. Your spouse is then served and he/she has 30 days to respond to and/or challenge your complaint for divorce. If your spouse is served and does not respond within the 30 day period, you may file for a Summary Judgment Divorce which automatically grants your divorce because no one has challenged it. 
4. You will then be awarded an Absolute Divorce or "Divorce Decree" signed by a judge ending your marriage and allowing you to re-marry.

Remember that you must file to separate the property, receive spousal support, and request alimony before your final divorce decree is entered or you lose them forever.

Filing all of the claims related to the marriage/divorce at once will also save you some money because there is just one filing fee! You can file for child support and child custody at anytime before, during or after the marriage depending on your living situation. However, there will be a separate filing fee if you do them each separately, so ask your attorney about filing them all at once.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Kaley Cuoco Cites Irreconcilable Differences as She Files for Divorce From Ryan Sweeting – and Yes, There's a Prenup" by Karen Mizoguchi,

09/28/2015 AT 08:00 PM EDT, http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences. Accessed September 29, 2015.

 **Photo Credit:http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How can I terminate my ex's parental rights?

Nia Guzman, the mother of Chris Brown's daughter Royalty is in a custody and child support battle with the rapper following an initial agreement for $1,500.00 per month. She has made statements about not trusting Brown with Royalty while he's on tour. Chris has comeback and said that he does not trust Nia with the child because Nia's new boyfriend is a felon on the run.* Nia seems to be fighting to limit or end Chris's visitation rights. While we do not know how this case will end, if you are also wondering if you or your ex's rights can be terminated, this post may be helpful. 

To terminate your ex's parental rights you must show the court that your ex:

1. Abused or neglected the child
2. Has not provided financial support or consistent care to the child for 6-12 months depending on the circumstances
3. Is incapable of providing care due to a mental illness 
4. Has lost his/her parental rights to another child or
5. There are pending adoption proceedings and he/she does not object to the adoption

To request that the court terminate your ex's rights, you must:

1. Be the parent of the child
2. The child has lived with you for at least 2 years or
3. You have filed for adoption

Keep in Mind

• You WILL have a hearing on your request so you'll be required to answer your ex's questions and prepare questions for him/her to answer. Because we all have a Constitutional and inherent right to care for our children you have an uphill battle in convincing the judge to terminate your ex's parental rights. 

• Terminating a person's parental rights completely and permanently terminates all rights and obligations of the parent to the child. So you cannot terminate your ex's rights then ask for child support or change your mind later.

• This is usually the type of case pursued by the Department of Social Services or a procedure completed during an adoption case. 

There are other instances that permit the termination of parental rights but this is a quick list for those looking for concise information. Your first step is likely to file a custody and/or child support claim so, feel free to contact my office with any questions specific to your case.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*" Chris Brown -- My Baby Mama's BF Is a Wanted Man!!" by TMZ Staff, Aug. 28, 2015, 11:50 AM PDT. http://www.tmz.com/2015/08/28/chris-brown-king-ba-wanted-forgery-nia-guzman-royalty.

*"Chris Brown -- My Baby Mama's Got Terrible Judgment In Boyfriends," by TMZ Staff, Sept. 1, 2015 3:40 AM PDT. http://www.tmz.com/search/news/chris%20brown?adid=TMZ_Web_Nav_Search#ixzz3kh9dRnOK.

 **Photo Credit: www.ibtimes.com

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How did Terrence Howard's Separation Agreement get overturned?

In North Carolina, a married couple can enter into an agreement after they have separated. This agreement generally includes terms regarding the amount and length of payments for spousal support and/or alimony and also distributes the debts and assets of the couple. It usually saves money in legal fees once the couple files for divorce as all of the financial issues have been handled in the separation agreement. However, because this agreement is a contract it may not be valid if either person commits fraud or coercion, the agreement was signed under duress, or the terms were illegal. 

Terrence Howard and his third wife, Michelle Ghent, entered into a separation agreement and it seems as though the agreement required that he pay spousal support. He claimed that he signed the agreement under duress because she "blackmailed him with threats of releasing naked photos and videos" if he did not sign.* The judge ruled in his favor and the separation agreement was deemed invalid as the two did not sign the contract on their own free will. Now the couple must either enter into a new agreement or prepare for hearings on each issue in the old agreement. 

There are many "loopholes" to consider when drafting a separation agreement and calculating alimony and post-separation support will require the assistance of an attorney so be sure to submit any questions to my email below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

* "Terrence Howard Wins Spousal Support War With Ex," by TMZ Staff, August 24, 2015, Accessed August 25, 2015, http://www.tmz.com/2015/08/24/terrence-howard-wins-spousal-support-fight-michelle-ghent-divorce/#ixzz3jr814NsK.

 **Photo Credit: "Terrence Howard Is Secretly Divorced! Empire Star and Ex Mira Howard Ended Marriage in July," by Brett Malec Tue., Aug. 18, 2015 10:51 AM PD; http://www.eonline.com/news/687447/terrence-howard-is-secretly-divorced-empire-star-and-ex-mira-howard-ended-marriage-in-july, Accessed August 25, 2015. 

 

 **Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.